validIV
03-06 10:31 AM
Its been a long time since Ive been on F-1 and I'm sure some of the rules have changed.
F-1 from my understanding can be extended beyond 2 years, usually 4 years was the norm. Some F-1s were even open ended, there was no limit stated on the F-1 visa itself. In my case I did OPT on my 4th year.
Are you graduating or intending to continue your education? I think it would be hard for you to come back to the US after your F-1 expires if you only have OPT and have no plans or did not file to extend your F-1, or graduate. You may be turned back at a POE.
I suggest you talk to a lawyer or your school about renewing your F-1. Usually schools that take international students have an Foreign Students department that can help give you advice or even file the change for you.
F-1 from my understanding can be extended beyond 2 years, usually 4 years was the norm. Some F-1s were even open ended, there was no limit stated on the F-1 visa itself. In my case I did OPT on my 4th year.
Are you graduating or intending to continue your education? I think it would be hard for you to come back to the US after your F-1 expires if you only have OPT and have no plans or did not file to extend your F-1, or graduate. You may be turned back at a POE.
I suggest you talk to a lawyer or your school about renewing your F-1. Usually schools that take international students have an Foreign Students department that can help give you advice or even file the change for you.
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MIK18
01-14 10:46 AM
HI,
My EB2 perm labor was approved recently and thinking of filing I 140.
Trying to port my EB3 PD, 09/23/2003 to EB2.
I missed filing I 1485 for my wife in july 2007.
My question is if I go ahead and file I 140 premium for me , lets say it gets approved soon ,my dates will be current.Should I file I 485 for my wife then ?
What happens if they approve my I 485 before I file my wife's 485.
My EB2 perm labor was approved recently and thinking of filing I 140.
Trying to port my EB3 PD, 09/23/2003 to EB2.
I missed filing I 1485 for my wife in july 2007.
My question is if I go ahead and file I 140 premium for me , lets say it gets approved soon ,my dates will be current.Should I file I 485 for my wife then ?
What happens if they approve my I 485 before I file my wife's 485.
txh1b
02-26 11:04 PM
1. Will not work as you are already out of status due to the denial
2. If the I-94 is valid till 11/9/2009 - Nov 9, 2009, If this I-94 is from the previous employer that already has revoked the H1b, it literally does not have any meaning as you are not maintaining your H1b with that employer or working for them.
3. Not even a possibility as H1b portability requires that you are currently in status.
2. If the I-94 is valid till 11/9/2009 - Nov 9, 2009, If this I-94 is from the previous employer that already has revoked the H1b, it literally does not have any meaning as you are not maintaining your H1b with that employer or working for them.
3. Not even a possibility as H1b portability requires that you are currently in status.
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gc03
12-20 03:57 PM
nice article by IV!
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rkumar28
07-19 09:31 PM
Hi,
I have one question. My I-140 is approved in Aug. 2006 and my I-485 applied in Aug 2007 and got my EAD and AP approved in Oct 2007 and renewed once in 2008. Currently I am with the employer through which I filed my green card.
My 6 years of H1b expired on oct 2006 and I took three year extension of H1b based on my pending green card process.
Now my 9th year of H1b is expiring in Oct. 2009.
1) If I take the H1b extenstion for three years(based on my pending I-485) and let say after one year, I start using my EAD with a new employer and my previous employer revokes my H1B....Will I be able to get back on H1B if my I-485 petition get denied for any reason.
All I am trying to see if anything happens to my I-485 petition, will I be able to go back on H1B from EAD.
2) I have been reading in the forums that USCIS is giving hard time for the H1B extenstions. Any experiences on this?
3) How much is the H1B renewal fees?
I have one question. My I-140 is approved in Aug. 2006 and my I-485 applied in Aug 2007 and got my EAD and AP approved in Oct 2007 and renewed once in 2008. Currently I am with the employer through which I filed my green card.
My 6 years of H1b expired on oct 2006 and I took three year extension of H1b based on my pending green card process.
Now my 9th year of H1b is expiring in Oct. 2009.
1) If I take the H1b extenstion for three years(based on my pending I-485) and let say after one year, I start using my EAD with a new employer and my previous employer revokes my H1B....Will I be able to get back on H1B if my I-485 petition get denied for any reason.
All I am trying to see if anything happens to my I-485 petition, will I be able to go back on H1B from EAD.
2) I have been reading in the forums that USCIS is giving hard time for the H1B extenstions. Any experiences on this?
3) How much is the H1B renewal fees?
bayarea07
02-04 04:30 PM
Hello,
I have a H1B from my previous employer and my H1B Visa (not I-94) is valid untill 6th September 2011,However I moved on to a different employer in August 2010 and through them i filed a H1B Transfer and Extension (application was approved in January 2011).
However i have to make a emergency visit to India (New Delhi) this month, so do i need to re-stamp my visa again for the new employer or can i re-enter US based on my old h1 visa and at the Port of Entry show my new H1 docs.
Is that a valid thing to do or do i need to re-stamp my visa.
fyi.. my H1 was extended by 3 more years because of pending I-485 Application
Few More Details to Add Here -
I will be travelling to India on 15th February and Returning Back to USA on 20th March 2011 and my Old H1 Visa Stamp is Valid untill 6th September 2011.
I have a H1B from my previous employer and my H1B Visa (not I-94) is valid untill 6th September 2011,However I moved on to a different employer in August 2010 and through them i filed a H1B Transfer and Extension (application was approved in January 2011).
However i have to make a emergency visit to India (New Delhi) this month, so do i need to re-stamp my visa again for the new employer or can i re-enter US based on my old h1 visa and at the Port of Entry show my new H1 docs.
Is that a valid thing to do or do i need to re-stamp my visa.
fyi.. my H1 was extended by 3 more years because of pending I-485 Application
Few More Details to Add Here -
I will be travelling to India on 15th February and Returning Back to USA on 20th March 2011 and my Old H1 Visa Stamp is Valid untill 6th September 2011.
more...
davesmith
01-28 09:59 AM
hi,
Where can i find the Family Based Inventory Information? Same like employment Based ( below link).
employment based inventory statistics (http://www.uscis.gov/USCIS/New%20Structure/3rd%20Level%20%28Left%20Nav%20Children%29/Green%20Card%20-%203rd%20Level/Pending%20Form%20I485%20Reports.pdf)
Thanks a lot
Where can i find the Family Based Inventory Information? Same like employment Based ( below link).
employment based inventory statistics (http://www.uscis.gov/USCIS/New%20Structure/3rd%20Level%20%28Left%20Nav%20Children%29/Green%20Card%20-%203rd%20Level/Pending%20Form%20I485%20Reports.pdf)
Thanks a lot
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fromnaija
12-12 02:17 PM
Thanks for your reply
What if the case is where I want to take up a new full time position and convert my current full time position to part time.....I guess one way to do it would be to transfer H1 to the new employer...wait for an approval and then file for another concurrent H1 for the part time job with the old company..But the problem is I'd have to wait until new approval comes...and also convince both companies to shell out 2k plus in filing fees....does any one have a better alternative ? Thanks again
I believe that to convert a full time position to part time, all you have to do is re-file your LCA.
What if the case is where I want to take up a new full time position and convert my current full time position to part time.....I guess one way to do it would be to transfer H1 to the new employer...wait for an approval and then file for another concurrent H1 for the part time job with the old company..But the problem is I'd have to wait until new approval comes...and also convince both companies to shell out 2k plus in filing fees....does any one have a better alternative ? Thanks again
I believe that to convert a full time position to part time, all you have to do is re-file your LCA.
more...
Blog Feeds
02-08 09:10 AM
A rather alarming report, detailed in the Los Angeles Times (http://immigrationvoice.org/www.latimes.com/news/local/la-me-customs-audit-20101228,0,2191445.story), shows that new travel restrictions requiring passports for American citizens to reenter the country are not being enforced.
These are American citizens, so perhaps we should not get too excited about the report, but it still makes you wonder about travel enforcement in general. Here are excerpts from the article:
Despite new travel requirements, more than 2.3 million Americans reentering the country by land or sea from Mexico or Canada failed to produce a passport, birth certificate or other secure document to establish identity and nationality, a government review has found.
Most people, including about 500,000 in California, were allowed to pass through ports of entry without the approved documents or without being sent to a secondary inspection post for a more in-depth examination, according to the report by the inspector general for the Department of Homeland Security.
Many travelers were allowed to pass after undergoing extensive questioning and producing at least a driver's license, the report found. Overall, 96% of travelers arriving at the 39 busiest land ports were in compliance with the new law, which took effect in June 2009.
The procedure for processing those without the required documents needs to be more precise and implemented across the board, the report said.
The Western Hemisphere Travel Initiative, approved by Congress last year, requires U.S. travelers reentering the country from Mexico or Canada to present documents, such as a passport or birth certificate, to U.S. Customs and Border Protection officers.
Out of more than 1 million people, including U.S. and foreign citizens, who legally enter the United States each day, about three-fourths arrive by land from Mexico or Canada, according to U.S. Customs and Border Protection officials.
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/6rWEgNGk304/)
These are American citizens, so perhaps we should not get too excited about the report, but it still makes you wonder about travel enforcement in general. Here are excerpts from the article:
Despite new travel requirements, more than 2.3 million Americans reentering the country by land or sea from Mexico or Canada failed to produce a passport, birth certificate or other secure document to establish identity and nationality, a government review has found.
Most people, including about 500,000 in California, were allowed to pass through ports of entry without the approved documents or without being sent to a secondary inspection post for a more in-depth examination, according to the report by the inspector general for the Department of Homeland Security.
Many travelers were allowed to pass after undergoing extensive questioning and producing at least a driver's license, the report found. Overall, 96% of travelers arriving at the 39 busiest land ports were in compliance with the new law, which took effect in June 2009.
The procedure for processing those without the required documents needs to be more precise and implemented across the board, the report said.
The Western Hemisphere Travel Initiative, approved by Congress last year, requires U.S. travelers reentering the country from Mexico or Canada to present documents, such as a passport or birth certificate, to U.S. Customs and Border Protection officers.
Out of more than 1 million people, including U.S. and foreign citizens, who legally enter the United States each day, about three-fourths arrive by land from Mexico or Canada, according to U.S. Customs and Border Protection officials.
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/6rWEgNGk304/)
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xgr3
05-21 11:06 PM
My I-485 status is updated with the below message. LUD 05/21/2009. Surprisingly they mailed the document on 09 March 2009 and status update is on 05/21/2009
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Document mailed to applicant.
***On March 9, 2009*** we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.
Previous LUD 03/31/2009 after completing FP in March 2009 with this message.
Current Status: This case has been sent to another office for processing because it has jurisdiction over the case.
Any clue, whats going on ?
Thanks
---------------------------------
Category : EB3
Labor PD: Jul 2006
I-140: approved
I-485/EAD: applied on July 2007
Finger Print - Completed two biometrics on March 2009
Medical is pending
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Document mailed to applicant.
***On March 9, 2009*** we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.
Previous LUD 03/31/2009 after completing FP in March 2009 with this message.
Current Status: This case has been sent to another office for processing because it has jurisdiction over the case.
Any clue, whats going on ?
Thanks
---------------------------------
Category : EB3
Labor PD: Jul 2006
I-140: approved
I-485/EAD: applied on July 2007
Finger Print - Completed two biometrics on March 2009
Medical is pending
more...
Anders �stberg
June 5th, 2005, 02:21 PM
Works great! DOF is good, there is a distinct 3D effect going on especially if take a step back. Very nice!
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sri1234
05-15 05:18 PM
Hi Sri,
Don't panic. This is NOT the end of your immigration journey. You are covered by AC-21, so if you find a job in a similar occupation with another employer, you can certainly take it. Your employer should seriously consider appealing the denial in order to preserve its reputation and to continue to employ H-1 workers.
If you have reason to believe that your employer might not be fully compliant with immigration laws, particularly as they relate to labor certifications and I-140's, you would be most protected if you changed employers
Ann
Thanks a bunch Ann. I really appreciate your help.
Thank you IV.
You made my friday.
Thanks,
Sri
Don't panic. This is NOT the end of your immigration journey. You are covered by AC-21, so if you find a job in a similar occupation with another employer, you can certainly take it. Your employer should seriously consider appealing the denial in order to preserve its reputation and to continue to employ H-1 workers.
If you have reason to believe that your employer might not be fully compliant with immigration laws, particularly as they relate to labor certifications and I-140's, you would be most protected if you changed employers
Ann
Thanks a bunch Ann. I really appreciate your help.
Thank you IV.
You made my friday.
Thanks,
Sri
more...
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sts_seeker
06-14 05:35 PM
Hi All,
My previous I-140 was denied due to the ability to pay issue since company was in loss and Idid not get prevailing wage since PD.I have appealed it hoping I can extend my h1 beyond 6th year.Is it true?
Also, Now we have pre approved labor with lower in same company where I can satisfy by showing W-2 to prove the ability to pay. Now If I am planning to apply another I-140 with labor sub,
would it matter to the new I-140 appllication if the previous I-140 was denied and is being currently appealed? Because in the I-140 form there is a question ,
"Has any Immigrant visa petition been filed by or on this person?"
Should I say "YES", Right? and also give the detail of previous filing????
Also How does USCIS verify the W2?BY contacting the IRS or ?
Please suggest?
Thanks
My previous I-140 was denied due to the ability to pay issue since company was in loss and Idid not get prevailing wage since PD.I have appealed it hoping I can extend my h1 beyond 6th year.Is it true?
Also, Now we have pre approved labor with lower in same company where I can satisfy by showing W-2 to prove the ability to pay. Now If I am planning to apply another I-140 with labor sub,
would it matter to the new I-140 appllication if the previous I-140 was denied and is being currently appealed? Because in the I-140 form there is a question ,
"Has any Immigrant visa petition been filed by or on this person?"
Should I say "YES", Right? and also give the detail of previous filing????
Also How does USCIS verify the W2?BY contacting the IRS or ?
Please suggest?
Thanks
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AT67
11-04 07:24 PM
Same Here.
RD 8/15
ND 10/12
No EAD yet
RD 8/15
ND 10/12
No EAD yet
more...
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alterego
12-10 07:05 PM
I know many people have been applying and reapplying for EADs and renewals.
I am trying to see if I can figure out any trends in how they are selecting cases for 2 yr renewals.
Please post your EB category, PD(month/yr is adequate), and approved EAD length. If we get sufficient responses perhaps we can see any trends.
I am trying to see if I can figure out any trends in how they are selecting cases for 2 yr renewals.
Please post your EB category, PD(month/yr is adequate), and approved EAD length. If we get sufficient responses perhaps we can see any trends.
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jville
10-29 04:31 PM
I am planning to file a Fed Court case against USCIS for incorrect denial of I148 with AC21.
Appreciate if have any input/info on below,
1. How much typically a Fed court case cost?
2. Any recommendation of good attorney for this?
3. Any other information/input
Appreciate if have any input/info on below,
1. How much typically a Fed court case cost?
2. Any recommendation of good attorney for this?
3. Any other information/input
more...
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12-01 09:11 PM
What kind of awesome university do you go to that assigns Flash+Silverlight combo projects?
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NKR
10-21 08:32 PM
With the risk of this news being branded too India specific, i am posting this...
go to
http://www.isro.org/pslv-c11/videos/introduction.htm for live webcast of chandrayaan launch. the launch is scheduled to be at 8.50 PM ET
go to
http://www.isro.org/pslv-c11/videos/introduction.htm for live webcast of chandrayaan launch. the launch is scheduled to be at 8.50 PM ET
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sircaustic
05-13 10:45 PM
Like I said earlier, you have 240 days before you go out of status. If you are receiving an RFE, it means your case is under review. Upon receiving your response to the RFE, the officer should be able to adjudicate case fairly soon. However, if you are nervous, I recommend file for an expedited review when sending your response. That said, I would hate to pay the extra $$$$ if I don't have to.
desi3933
01-25 09:19 AM
I work with a consulting company on client side. The client is planning a shutdown for 2 days a month - 2nd and 4th Friday.
Do you guys think its gonna impact 485 application. I am asking this question cause the labor was approved for 40/hrs per week and the salary slip shows the number of hrs worked per month which will be lesser than 160 (in case the month has 4 weeks).
BTW, I am on EAD and 140 approved couple of years back.
Thanks
Pavan -
You should maintain 40/hr per week. This could mean - your consulting company paying these days for your "full time job". The other option is - taking paid time off for these days. Again, it should be paid time off.
Good Luck.
____________________
Not a legal advice.
US Citizen of Indian Origin
Do you guys think its gonna impact 485 application. I am asking this question cause the labor was approved for 40/hrs per week and the salary slip shows the number of hrs worked per month which will be lesser than 160 (in case the month has 4 weeks).
BTW, I am on EAD and 140 approved couple of years back.
Thanks
Pavan -
You should maintain 40/hr per week. This could mean - your consulting company paying these days for your "full time job". The other option is - taking paid time off for these days. Again, it should be paid time off.
Good Luck.
____________________
Not a legal advice.
US Citizen of Indian Origin
desi_scorpion
07-30 01:40 PM
she can change jobs without any problem as long she stays in h1b status....my wife is also in the same process
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